Trump’s power grab could dissuade military leaders from refusing illegal orders, experts warn | CNN Politics

CNN - Feb 21st, 2025

President Donald Trump's recent executive order has sparked alarm among legal experts due to its potential to increase presidential influence over military legal processes. The order, which grants Trump and the attorney general authority to interpret laws for the executive branch, could deter military commanders from refusing unlawful orders. Legal experts, including retired Air Force colonel Don Christensen, express concern that the order could lead to a chilling effect, dissuading military personnel from fulfilling their duties out of fear of presidential reprisal. The order coincides with Trump's directive for the military's enhanced role in immigration detention and hints at domestic military use, raising further apprehension.

The implications of the order extend beyond the military justice system, impacting areas such as defense contracting and administrative decisions, according to Josh Kastenberg, a former Air Force judge. This move may amplify unlawful command influence across the military establishment, affecting promotions, demotions, and contracting decisions. The order's vague language leaves its application open to interpretation, potentially allowing the administration to steer military decisions to suit political ends. Legal experts warn of a 'cascading effect of legality' and fear that this could undermine the military's independence and integrity in the long run.

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RATING

7.2

Fair Story

Consider it well-founded

The article provides a timely and relevant examination of President Trump's executive order and its potential impact on military legal processes. It effectively uses credible sources to present concerns from legal experts and former military officials. However, it could benefit from a more balanced presentation by including additional perspectives and more precise details about the executive order's language and legal implications. While the article is clear and accessible, further context and verification of specific claims would enhance its overall accuracy and reliability. Despite these areas for improvement, the story successfully highlights issues of significant public interest and potential controversy, making it a valuable contribution to ongoing discussions about executive power and military independence.

Accuracy

The story presents a factual account of President Trump's executive order and its potential implications for military legal processes. It accurately quotes legal experts and former military officials expressing concerns about the order's impact. However, the story could benefit from more precise details about the executive order's language and the legal framework governing presidential authority over the military. The report mentions past instances of presidential intervention in military justice, which aligns with historical facts, but it lacks specific citations or documents to verify these claims comprehensively.

Balance

The article predominantly presents the viewpoints of legal experts and former military officials who express concerns about the executive order. While it includes a quote from Defense Secretary Pete Hegseth, who downplays the potential for illegal orders, the story could be more balanced by incorporating perspectives from current military leadership or other legal experts who might support the order. This would provide a more comprehensive view of the issue.

Clarity

The article is well-structured and uses clear language to convey complex legal concepts. It logically presents the concerns of legal experts and the potential consequences of the executive order on military operations. The inclusion of direct quotes aids in understanding the experts' perspectives. However, the story could benefit from a clearer explanation of the legal framework that allows presidential influence over military justice.

Source quality

The article relies on credible sources, including retired military officials and law professors, to substantiate its claims. These sources have relevant expertise and authority on military legal matters, enhancing the credibility of the story. However, the story could improve by referencing official documents or statements from the White House or Pentagon to corroborate the executive order's details and its intended implementation.

Transparency

The article provides a clear explanation of the potential impacts of the executive order and the concerns raised by legal experts. It discloses the basis for these concerns through direct quotes and examples. However, it could enhance transparency by explicitly stating the methodology used to gather information and offering more context on the executive order's broader legal implications.